R850-8-1200. Procedures for Informal Adjudicative Proceedings  


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  • 1. The Trust Lands Administration may, but is not required, to file an answer or other pleading responsive to the allegations contained in the petition.

    2. The parties to the proceeding shall be permitted to testify, present evidence, and comment on the issues.

    3. Hearings will be held only after timely notice to all parties.

    4. Discovery is prohibited, but, the board may issue subpoenas or other orders to compel production of necessary evidence.

    5. All parties shall have access to information contained in the Trust Lands Administration's files and to all materials and information gathered in any investigation, to the extent permitted by law.

    6. Intervention shall be in accordance with R850-8-1400.

    7. All hearings shall be open to all parties.

    8. Within a reasonable time after the close of an informal adjudicative proceeding, the board shall issue a signed order in writing that states the following:

    (a) the decision, and when appropriate, the reasons for the decision;

    (b) a notice of any right of judicial review available to the parties;

    (c) the time limits for filing an appeal.

    9. A copy of the board's order shall be promptly mailed to each of the parties.

    10. Recordation of Hearing.

    (a) The board may record or have a transcript prepared of any hearing.

    (b) Any party, at its own expense may record or have a reporter approved by the board prepare a transcript of the hearing, subject to any restrictions that the board is permitted by statute to impose to protect confidential information disclosed at the hearing.